Disclaimer:
The case on which this summary is based may no longer be current law.
Also, if the case was decided on summary judgment, the court recited the
"facts" in the light most favorable to the non-movant, which may not be
the true facts.
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No
violation of Title VII where employee was terminated for refusing to remove
Confederate flag stickers.
Storey v. Burns Intern. Security Services, 390 F.3d 760
(3d Cir. December 9, 2004) - This is a Title VII national origin and
religious discrimination action alleging wrongful termination. Curtis Blaine
Storey was terminated for refusing to remove or cover up a Confederate flag
sticker on his lunch box and a Confederate flag bumper sticker on his pickup
truck. The district court granted Burn's motion to dismiss for failure to
state a claim. On appeal, the Third Circuit assumes that a Confederate
Southern-American is a valid national origin and that the Confederate flag
has some religious significance for members of this group. But the Court
holds that Storey's claims fail because he was not discharged as a result of his
national origin or his religion, he was fired for his refusal to remove the
Confederate flag symbols when his employer told him to do so. Storey did not
claim that anything fundamental to his national origin or religion requires
display of confederate symbols. Chief Judge Scirica concurs. He would find
that Storey's national origin claim should be dismissed because a
"Confederate Southern-American" is not a protected class. Click
here to see actual case.